When this Criminal Code or another statute specifically exempts a person or activity from the scope of its application and the defendant contends that the defendant is legally entitled to be exempted thereby, the burden is on the defendant to prove, as an affirmative defense, facts necessary to bring the defendant within the exemption.

11 Del. C. 1953, § ?305; 58 Del. Laws, c. 497, § ?1; 70 Del. Laws, c. 186, § ?1;

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Terms Used In Delaware Code Title 11 Sec. 305

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Statute: A law passed by a legislature.